Criminal law exam question paper 2020/2021 PDF

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exam questions for criminal law semester 1 should help with answering questions and preparing answers for exam...

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LW301 LW409 Criminal Law I

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Module Code(s) Module(s) Paper No. Autumn Paper External Examiner(s) Internal Examiner(s) Instructions: Remote Examination Instructions:

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Semester 1 Examinations 2020/2021 2BCL1, 1BL1, 1BL2, 2BL1, 3BL1, 2BLB1, 2BLH1, 1BOL1, 3RP1, 4CRP1, 4CRP2, 2CW1, 3BA1, 3BA161, 3BA41, 4BA16, 4BA4, 4BAJ1, 4BCS1, 4BCW1, 4BPS1, 1EM1,1OL2 Second Bachelor of Civil Law, Bachelor of Law, Second Bachelor of Law and Business, Second Bachelor of Law (Human Rights), Final Bachelor of Corporate Law, Bachelor of Arts, Bachelor of Arts (Comhonóracha le Gaeilge) (International) (Journalism) (Children’s Studies) (Creative Writing) (Performing Arts Studies), Erasmus and Occasional Students LW301 LW409 Criminal Law I 1/1 No Prof Gerry Maher Dr Conor Hanley Students must answer any TWO questions. 1. This Examination LW301/409 is an Open Book Examination 2. You may use written materials including books, notes and websites. 3. You may communicate with the above Internal Examiner by email to ask for clarification of the examination paper 4. You may communicate with [email protected] to ask advice on an operational problem (e.g. submitting your script). 5. You may not communicate with any other person in any way. 6. Clearly number each question and part of question on every page. 7. If you are writing your answer by hand, please follow the instructions in the Exam Checklist carefully. 8. Submit a single file with your student ID and the module code e.g. 1712345-LW100.doc, by the deadline below. 9. Please refer to instructions previously provided on scanning handwritten scripts and uploading if applicable. 10. If you cannot upload via Blackboard on time, email [email protected] and submit your script as soon as possible by any means. 11. Check the contents of the uploaded file on Blackboard. 12. If applicable, retain your original handwritten script for future reference. 13. By submitting your script, you are making the following declaration: In submitting this work, I confirm that it is entirely my own. I acknowledge that I may be invited to online interview if there is any concern in relation to the integrity of my exam, and I am aware that any breach will be subject to the University's Procedures for dealing with breaches of Exam Regulations: http://www.nuigalway.ie/media/registry/exams/QA230---Proceduresfor-Dealing-with-Breaches-of-Examination-Regulations.pdf Exam starts at 09:30am on 22/01/2021. Submission by 12 noon. 2 hours plus 30 minutes for uploading to Blackboard PTO Page 1 of 2

LW301 LW409 Criminal Law I 1. Dean is employed as a lifeguard by Galway County Council and is stationed at Salthill Beach. While at work, he takes a stroll along the beach and spots something metallic sticking out of a bag partially buried in the sand. On closer investigation, Dean realises that he has come across a bag containing a handgun and some heroin. He picks up the heroin and looks at it for a few seconds, but shakes his head in disgust and re-buries it in the sand. He picks up the gun and starts waving it around like a gangster. He has never handled a gun before and assumes that it must be safe. He sees Barry, a fellow lifeguard, coming to see what Dean has found. In fun, Dean points the gun at Barry and shouts “Bang!” while pulling the trigger. To Dean’s horror, the gun fires and Barry is hit in the chest and dies instantly. Tom witnesses everything, but then sees Dean coming towards him, gun in hand. Tom realises that he is in danger and tries to get away. Dean chases him and Barry, in panic, runs out in front of an oncoming car and is killed. Dean returns to his station and wants to be alone. Being the senior lifeguard, he sends the others away on a lunchbreak, leaving him alone in the lifeguard station. He sees Kara, a tourist, in some difficulty in the sea but he doesn’t bother to do anything and Kara drowns in the sea. Discuss Dean’s legal position.

2. Barry has a long history of substance abuse, and also suffers from epilepsy. On one occasion, Barry consumed five pints of beer, three bottles of beer, a pint of brandy and another twenty assorted alcoholic drinks in a 24-hour period. Immediately after this drinking session, Barry kills Mork and rapes his wife, Mindy. Barry is arrested and is assessed by a psychiatrist who diagnoses Barry with chronic alcoholism. Shortly after this diagnosis, Barry assaults the psychiatrist. In his statement, Barry claims to have no memory of any of his actions against Mork, Mindy or the psychiatrist. Expert evidence indicates that a person suffering from chronic alcoholism would lack the capacity to control his or her actions. Barry is released on bail; he is collected by his sister but insists on driving home. He realises that he has not taken his epilepsy medication for a couple of days. He feels an epileptic episode coming on but continues to drive. He suffers a full epileptic episode during which he drives into a group of school children who are walking home from school; two of the children suffer injuries. Discuss Barry’s legal position.

3. Seamus has been going out with Mary for six months and is madly in love with her. He brings her to the local gun range where they spend half an hour shooting. Seamus then asks Mary to marry him, but she refuses saying that she has met another man, Tim. Seamus claims that his mind went entirely blank for several minutes, during which time he shoots and kills Mary. Seamus then sits into his car with his gun and fumes, blaming Tim for stealing Mary’s heart. He drives to Tim’s house where a confrontation develops at the front door of Tim’s house in a residential estate. Tim slams the door and immediately afterwards Seamus fires through the door. Tim suffers a mortal wound and dies shortly afterwards. Seamus later gives evidence that the he had not intended to shoot Tim. In sheer anger, Seamus fires the remaining three bullets in his gun into the air. One of those bullets hits Mary in the chest; she had been looking out of the second-storey window of her house having heard the confrontation between Tim and Seamus. Mary dies later, but again Seamus gives a statement that he had not intended to shoot anyone when he fired into the air, and had not even considered the possibility of hitting anyone. Discuss Seamus’ legal position.

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